CODE OF ORDINANCES FOR THE CITY OF AUDUBON PARK, KENTUCKY

Transcription

1 FOR THE CITY OF AUDUBON PARK, KENTUCKY ADOPTED NOVEMBER 18, 1996 MAYOR CITY COUNCIL

2 PREFACE This Code of Ordinances is divided into eight component parts or titles according to general subject matter. The titles are subdivided into chapters and sections. For example, the section designated indicates that such section is Section 7 of Title 5, Chapter 5. The numbering of the titles, chapters, and sections follows the decimal system used in the Kentucky Revised Statutes but varies from it in that the titles and sections of each chapter are odd numbered so that there are unassigned numbers available for future legislation. Within the chapters, new sections may be added between existing sections or by adding new sections in sequence. Penalty sections are always designated.99. This Preface is not a part of the Code of Ordinances but is inserted for convenience of reference. 2

3 TABLE OF CONTENTS This table is not a part of the Code of Ordinance but is inserted for convenience of reference. Title I: General Provisions Chapter 1: Definitions, Rules of Construction, General Penalty Sec Sec Sec Sec Definitions Headings Severability General Penalty, Continuing Violations Chapter 2: Amendments Sec Amendments Title III: City Organization Code Chapter 1: Definitions Sec Sec Definitions Short Title Chapter 2: Corporate Boundaries Sec General Chapter 3: City Council Meetings Sec Sec Sec Sec Regular Meetings Special Meetings Quorum Place of Meetings Chapter 4: City Officials Sec Sec Sec Sec General Qualifications of City Officials Term of Office Liability 3

4 TABLE OF CONTENTS Chapter 5: Police Department Sec Sec Sec Sec Sec Police Sec Sec Sec Sec General Qualifications of Members of Police Department Chief of Police; Selection; Term of Office; Compensation Duties of Chief of Police Powers of Chief of Police & Policemen; Fees; Deputies; Special Bond of Chief of Police; Deputies; Policemen Oath of Policemen Territorial Authority to Police Arrested Persons Where Kept Title V: Traffic Code Chapter 1: Definitions and Short Title Sec Sec Definitions Short Title Chapter 2: Violation, Enforcement, and Administration Sec Sec Sec Sec Sec Sec Sec Sec Sec Application of Traffic Code to Animals or Bicycles Exemptions; Emergency Vehicles Traffic Duties of Chief of Police and Policemen Issuing Summons in Lieu of Arrest Waiver of Hearing Notice of Illegally Parked Vehicle Failure to Comply with Summons Attached to Parked Vehicle Presumption in Reference to Illegal Parking Authority to Impound Vehicles Chapter 3: Use of Streets Sec Sec Sec Sec Sec Sec Sec Sec Tampering With Vehicles Display of Parked Vehicle for Sale Use of Roadways Injury to Street by Vehicles; Chains Debris on Roadway; Removal Skating and Coasting Clinging to Vehicles Prohibition of Truck Parking 4

5 TABLE OF CONTENTS Chapter 4: Speed Restrictions and Control Devices Sec Sec Sec Sec Sec Sec Sec Speed Restrictions Powers of Legislative Body; Designation of Traffic Control Devices and Signals Placement of Official Traffic Control Devices Obedience to Signs and Signals Required Unauthorized Devices Interference With Devices Defective Devices Chapter 5: Vehicular Equipment and Operation Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Equipment of Vehicle Not To Be Nuisance or Menace Unsafe Motor Vehicle Not To Be Operated Muffler Required Front Lights Horns and Other Sound Devices Brakes Reckless Driving Motor Vehicle Races on Roadways Prohibited Driving on Right Hand Side of Roadway Passing Passing Stopped School or Church Bus Prohibited; Exceptions Escaping Contents Obstructing Traffic Vehicles Crossing Sidewalks Right of Way At Intersections Starting a Parked Vehicle Unattended Vehicle; Locking and Braking Failure to Stop for Police Operating a Vehicle Under Influence of Intoxicants or Drugs Prohibited; Presumptions Concerning Intoxication Renting Motor Vehicle to Drunk or Drug Addict Prohibited Duty in Case of Accident Emergency Vehicles to Have Right of Way 5

6 TABLE OF CONTENTS Chapter 6: Parking Sec Sec Sec Sec Sec Sec Sec Stopping, Standing, or Parking Prohibited (No Signs Required) All Night Parking Prohibited Front Yard Parking Prohibited Exterior Parking of Vehicles and Non-operating Vehicles Parking at Specific Locations Prohibited Parking Signs Required Parking on Paved Portion of Roadway Chapter 7: Bicycles and Motorcycles Sec Sec Sec Sec Sec Sec Sec Sec Sec Traffic Laws Apply Riding Bicycles and Motorcycles Speed Carrying Articles Parking Riding Bicycles on Sidewalks Bicycles Emerging From Driveway Brakes and Reflectors Motorcycles Chapter 99: Penalty Sec Violation of Traffic Code; Penalty Title VII: General Regulation Code Chapter 1: Definitions Sec Sec Definitions Short Title Chapter 2: Nuisances Sec Sec Sec Sec Sec Nuisances Declared Unlawful Common Law and Statutory Nuisances Test for Nuisance Nuisance Created by Others Abatement Procedures 6

7 TABLE OF CONTENTS Chapter 3: Animals Sec Sec Sec Sec Sec Sec Sec Sec Animals Within the City Animals at Large Leash or Bell Required Vaccination of Animals Biting Animals Poisoning of Animals Theft & Destruction of Animals Cruelty to Animals Chapter 4: Firearms Sec Sec General Minors Chapter 5: Trespassing Sec Sec Sec Adults Minors Financial Responsibilities Chapter 6: Lot Subdivision Sec General Chapter 7: floodlights Sec Sec Sec Permit Required Light Application Light Permit Chapter 99: Penalty Sec Violation of This Title; Penalty 7

8 TITLE IX: Business Regulations Chapter 1: Definitions TABLE OF CONTENTS Sec Sec Definitions Short Title Chapter 2: Conduct of Business Sec Sec Sec Sec Sec Sec Sec Conduct of Business Prohibited License of Businesses Billboards Quiet, Peaceful, Lawful Operation Operation of Day Nurseries Signs Franchises Chapter 3: Solicitors and Peddlers Sec Illegal Solicitations or Peddling Sec Exemptions to Sec Chapter 4: Yard Sales Sec Sec Sec Sec Permit Required Yard Sale Application Yard Sale Permit Yard Sale Signs Chapter 5: Signs Sec Advertising & Business Signs Prohibited Chapter 99: Penalty Sec Violation of This Title; Penalty 8

9 TABLE OF CONTENTS Title X1: Public Ways, Areas, and Service Code Chapter 1: Definitions Sec Definitions Sec Short Title Chapter 2: Public Parks Sec Designation of Public Park Areas Sec Damage to Public Park Areas Sec Use of Public Park Areas Chapter 3: Obstructions of Streets, Sidewalks, & Public Ways Sec Structural Obstructions Sec Sight Obstructions Sec Blocking Roadways & Sidewalks Sec Removal of Materials on Public Ways Sec Enclosure of Public Ways Chapter 4: Excavations Sec Excavation Permits Sec Requirements in Private Excavations Chapter 5: Maintenance of Trees, Public Ways, & Areas Adjacent Thereto Sec Maintenance of Trees, Public Ways, & Areas Adjacent Thereto Sec Removal of, or Damage to Trees Sec Grass & Weeds in Public Ways or Gutters Sec Entrances to Streets & Roads Chapter 6: Sidewalks Sec Repair of Sidewalks Chapter 7: Waste Collection & Disposal Sec Garbage Disposal Franchise or Contract Sec Financing Taxes & Service Charges Sec Garbage Containers 9

10 Chapter 8: Utility Equipment Sec Permit Chapter 9: Parades TABLE OF CONTENTS Sec Permit Sec Application for Permit Sec Standards for Issuance of Permit Sec Notice of Rejection of Permit Sec Appeal Procedures When Permit Denied Sec Contents of Permit Sec Duties of Permitee & Public Conduct During Parades Chapter 99: Penalty Sec Violation of This Title; Penalty Title XIII: Health and Sanitation Code Chapter 1: Definitions Sec Definitions Sec Short Tittle Chapter 2: Water & Impure Liquids Sec Water Flow Sec Impure Liquids Chapter 3: Privies & Sewers Sec Maintenance Prohibited Sec Mandatory Connections to Sewers Sec Discharge of Storm Water Into Sanitary Sewer Prohibited Sec Discharge of Storm Water Into Storm Sewers Prohibited Chapter 99: Violation of This Title; Penalty 10

11 TABLE OF CONTENTS Title XV: Building & Housing Regulation Code Chapter 1: Definitions & Short Title Sec Definitions Sec Short Title Chapter 2: Administration & Scope Sec Purpose Sec Officials Sec Specific Duties of Building Director Sec Scope of Building Chapter Sec Variances Chapter 3: Building Permits Sec Permit Sec Application for Permit Sec Permit Fee Sec Issuance of Permit Sec Responsibilities of Permit Applicant Sec Inspections Sec Certificate of Completion Chapter 4: Minimum Building Standards & Regulations Sec Character of Building Sec Location of Buildings Sec Adopting Codes Chapter 5: Housing Regulations Sec Scope of Chapter Sec Pest Infestations & Extermination Sec Prohibited Conditions External Sec External Maintenance & Repairs Sec Responsibilities of Owner or Landlord Sec Responsibilities of Occupants 11

12 Chapter 6: Swimming Pools TABLE OF CONTENTS Sec Permit Required Sec Permit Application Sec Issuance of Permit Sec Permit Fee Sec Fences Sec Hot Tubs, Whirlpools, & Spas Chapter 7: Fences Sec Limitations Upon Fences Chapter 8: Pull-off & Street Curbs Sec Permit For Pull-Off Sec Permit For Street Curb Chapter 9: Television & Radio Aerials Sec Permit for Television & Radio Aerials Chapter 99: Penalty Sec Violation of This Title; Penalty 12

13 Title I: General Provision Code TABLE OF CONTENTS Chapter 1: Definitions, Rules of Construction, General Penalty Chapter 2: Amendments This page is not a part of the Code of Ordinances but is inserted for convenience of reference. 13

14 Chapter 1: Definitions, Rules of Construction, General Penalty Sec Definitions: In the construction of this Code, the following definitions and rules shall be observed, unless the context clearly indicates otherwise: (a) City The words the city or this city shall mean the City of Audubon Park in the County of Jefferson, Commonwealth of Kentucky (b) City officers and departments Whenever reference is made to an officer by title, the same shall be construed as if followed by the words of the City of Audubon Park, Kentucky (c) Computation of Time Whenever a notice is required to be given or an act to be done, the rules for computation of time as set forth in KRS shall apply. (d) Front Yard Shall mean the area extending across the full width of any residential lot in the City and measured between the street right-of-way line and the front line of the building or structure on such lot. (e) Gender A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, and corporations as well as to males. (f) KRS The abbreviation KRS refers to Kentucky Revised Statutes (g) Legislative Body The words Legislative Body shall mean the City Council of the City of Audubon Park, Kentucky (h) Number A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. (i) Or, and Or may be read and and and may be read or if the sense requires it. (j) Owner The word owner, applied to a building or land shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of the part of such building or land. (k) Person The word person shall include and be applied to associations, clubs, societies, firms, partnerships and bodies political and corporate as well as individuals (l) Personal Property Includes every species of property except real property 14

15 (m) Rear Yard Shall mean the area extending across the full width of any residential lot in the City measured between the rear lot line and the rear line of the building structure on such lot. (n) Side Yard Shall mean the area extending from the front yard to the rear yard and measured between the side line of any residential lot in the City and the side of the building structure on such lot. (o) State The words the state or this state shall be construed to mean the Commonwealth of Kentucky. (p) Tense Words used in the present or past tense include the future as well as the present and past. Sec Headings: The heading of the several sections of this Code are intended as mere headings to indicate the contents of the section and shall not be deemed or taken to be the titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any such sections, including the headings, are amended or reenacted. Sec Severability The titles, chapters, sections, paragraphs, sentences, clauses, and phrases of this Code are several, and if any phrase, clause, sentence, paragraph, or section of this Code shall be declared unconstitutional or otherwise invalid by a final judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining titles, chapters, phrases, clauses, sentences, paragraphs and sections of this Code. Sec General Penalty; Continuing Violations: It shall be unlawful for any person to violate or fail to comply with any provision of this Code and when no penalty is specifically prescribed therefor, the penalty for violation hereof shall be a fine of not less that twenty dollars ($20.00) nor more that five hundred dollars ($500.00) or imprisonment not to exceed three hundred sixty five (365) days or both plus costs permitted by law. Each day of violation of any provision of this Code shall constitute a separate offense. 15

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17 Chapter 2: Amendments (a) All ordinances passed subsequent to this Code, which amend, repeal, or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed chapters, sections and subsections, or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and such subsequent ordinances, as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the Legislative Body. 17

18 TITLE III: City Organization Code Chapter 1: Definitions Chapter 2: Corporate Boundaries Chapter 3: City Council Meetings Chapter 4: City Officials Chapter 5: Police Department This page is not part of the Code of Ordinances but is inserted for convenience of reference. 18

19 Chapter 1: Definitions Sec Definitions The following words and phrases when used in this Title III shall, for the purpose of such Title, have the meanings respectively ascribed to them in this section. Sec Short Title This Title III may be known and cited as the City Organization Code Chapter 2: Corporate Boundaries Sec General: The corporate boundaries as of the latest annexation and as evidenced by the map filed by the City in the office of the Jefferson County Clerk are as follows: BEGINNING at a point in the east side of Preston Street Road 200 feet more or less North of the north side of the intersection of Audubon Parkway and Preston Street Road, running thence in a southerly direction along the Eastern side of Preston Street Road 850 feet more or less to the intersection of the Southern Railway right-of-way and Preston Street Road; thence along the northerly line of the Southern Railway right-of-way 1, 350 feet more or less to the intersection of the Southern Railway right-of-way and the southerly line of Cardinal Drive; thence with the southerly line of Cardinal Drive in an easterly direction 2,600 feet more or less to a point 280 feet easterly of the easterly line of Dove Road at the intersection with Cardinal Drive; thence in a northerly direction in a parallel with the easterly line of lot #287 of Audubon Park, a plat of which is recorded in Plot and Subdivision Book 8, page , in the office of the Clerk of the County Court, Jefferson County, Kentucky, 250 feet more or less to a point in the southerly line of lot #60, Block 208 in said Audubon Park, 283 feet more or less East of the East line of Dove Road, thence Southwesterly direction along the Southerly line of said lot 60, Block 208, 283 feet more or less to a point in the easterly line of Dove Road; thence with the Easterly line of Dover Road, in a northwesterly direction 900 feet more or less to a point at the Northeast corner of the intersection of Dove Road and Chickadee Road, thence along the Easterly line of Chickadee Road 1,575 feet more or less to a point at the Southeast corner of the intersection of Chickadee Road and Hess Lane; thence along the southerly line of Hess Lane 725 feet more or less to a point where said line would be intersected by the back lines of lots 187 to 190-A, inclusive, Block 111, Audubon Park, if extended in a northerly direction, thence said back lines as extended, in a southerly direction 625 feet more or less to a point in the back lines of lots 1a, 2 to 18 inclusive, Block 111, Audubon Park, where said lines met by the 19

20 back lines in a southwesterly direction 1,725 feet more or less to a point beginning. (Original incorporation April 17, 1941) BEGINNING at a point 250 feet easterly of the Eastern line of Dove Road at the intersection of Cardinal Drive, thence in a northerly direction in a line parallel with the easterly line of lot No 287 Audubon Park, a plat of which is recorded in Plot and Subdivision Book 7, Pages 143, 144, an d145, in the Office of the Clerk of the County Court of Jefferson County, Kentucky, 250 feet more or less East of the East line of Dove Road; thence in a Southwesterly direction along the Southerly line of said lot 60, Block 208, 283 feet more or less to a point in the Easterly line of Dove Road; then to a northwesterly direction 900 feet more or less to a point at the northeasterly corner of the intersection of Dove Road and Chickadee Road; thence along the easterly line of Chickadee Road 1,575 feet more or less, to a point in the Southeast corner of the intersection of Chickadee Road and Hess Lane; thence along the southerly line of Hess Lane in an easterly direction to the intersection of the westerly line of Eagle Pass Avenue; thence in a southwesterly direction with said line of Eagle Pass Avenue to the Northerly line of Nightingale Road; thence along the northerly line of Nightingale Road to the intersection with Cardinal Drive; thence along the easterly line of Cardinal Drive to the point of beginning. (Annexation September 8, 1941) BEGINNING at a point in the Southerly line of Hess Lane and the western line of Eagle Pass; thence in a southerly direction along the western line of Eagle Pass to the Northerly line of Valley Drive; thence in an eastern direction along the northerly line of Valley Drive; approximately 190 feet to the rear property line of the property facing on Eagle Pass; thence northerly along the said property line to the southerly line of Hess Lane; thence in a westerly direction along the southern line of Hess Lane to the point of beginning. (Annexation November 4, 1944). 20

21 Chapter 3: City Council Meetings Sec Regular Meetings: The City Council shall meet on the first Monday in January next succeeding the election of its members and shall hold regular meetings on the third Monday of each month at 7:30 P.M. prevailing time. Sec Special Meetings: (a) Special meetings may be called at any time by the Mayor or by the majority of the Legislative Body of the City by delivery personally, or by mail, written notice to each member of the Legislative Body, and to newspapers of the general circulation, radio, or television which has filed a written request to be notified of such meetings. Such notice must be at least twenty-four hours prior to the time of the meeting, stating time, place, and its purpose. No other business other than set forth in such call may be considered by the Legislative Body. (b) The notice provided for in subsection (a) of this section is not required in the event that a special meeting is called to deal with an emergency, if the time requirement of such notice would be impractical. Sec Quorum: A majority of the members of the City Council shall constitute a quorum. Sec Place of Meetings: All regular meetings of the City Council shall be held at City Hall. Chapter 4: City Officials Sec General: (a) The Mayor shall appoint the following officials and assistants thereto of the City to carry out those functions which may be assigned to and require of them by law. These officials are subject to confirmation by the Legislative Body. (1) Clerk (2) Treasurer (3) City Attorney (4) Assessor (5) Chief of Police and members of the police force (6) City Engineer (b) The offices of the Clerk and Treasurer may be consolidated and the office of City Engineer to be filled at the discretion of the Mayor. 21

22 Sec Qualifications of City Officials: No person shall be eligible to hold any office in the city, except members of the police force, unless he is a resident and qualified voter in the city, and has resided in the city for one (1) year next preceding the day of his election or appointment. The Mayor must be at least 25 years of age, Legislative Body members must be at least 21 years of age and reside in the city during their entire term of office. The Mayor s term of office is four (4) years and the Legislative Body member s term is two (2) years. Sec Term of Office: All city officials other than elected officials, may be removed following the policies and procedures set forth in the personnel ordinance. Sec Liability: Any City official charged with the enforcement of any ordinances of the City, acting in good faith and without malice for the City in the discharge of his duties, shall thereby render himself personally liable and he is hereby relieved from all personal liability for damage that may accrue to persons or property as a result of any act required or by reason of any act or omission performed by him in the enforcement of any provisions of an ordinance of this City, and shall have the right to be defended by the City Attorney until final determination of any proceedings pending against him. Chapter 5: Police Department Sec General: A police department is hereby established whose members shall be appointed by the Mayor. They are subject to removal as set forth in K.R.S and ordinance number 4. The legislative body shall provide for their number, grades, and regulation by majority vote of such body. Sec Qualifications of Members of Police Department To be eligible for appointment as a member of the police department, a person must be a citizen of the Commonwealth of Kentucky and a resident of Jefferson County, at least twenty-one years of age, be able to read and write the English language intelligently, sober, moral and sagacious and having a high school education or equivalent. No person who has been convicted of a felony is eligible for appointment. 22

23 Sec Chief of Police Selection; Term of Office, Compensation (a) The Mayor shall appoint a Chief of Police. This appointment is subject to confirmation by the legislative body. (b) The Chief of Police may be removed only for cause after following the procedures set forth in K.R.S and ordinance number 4. There shall be no set term of office for the Chief of Police. (c) The compensation of the Chief of Police shall be fixed by the Mayor and approved by the legislative body. Sec Duties of the Chief of Police (a) The Chief of Police shall command and supervise the police department, but shall be required to keep the Mayor advised of the status pertaining to the department. (b) The Chief of Police or his/her designee shall attend all sessions of the legislative body, execute its orders and preserve the order at its sessions. (c) He or a member of the police department designated by him shall attend any session of District Court when it is necessary for the department to be represented and execute all process, orders, and judgements of the courts as directed by the Court. (d) The Chief of Police and every member of the Police Department shall follow the Code of Conduct and Policy and Procedures of the Police Department of the City of Audubon Park. Sec Powers of Chief of Police and Policemen; Fees; Deputies; Special Police (a) The Chief of police and every member of the Police Department shall possess all the common law and statutory powers of constables and sheriffs. They may exercise those powers, including the power of arrest for offenses against the state, anywhere in the county in which the city is located. (b) The Chief of Police and members of the Police Department shall be entitled to the same fees, and the same remedies for collecting them, that are allowed by the law to sheriffs and other officers for similar services, however, such fees shall be paid into the city treasury. (c) The Mayor upon request from the Chief of Police may appoint special police officers to assist the police department. 23

24 Sec Bond of Chief of Police; Deputies; Policemen: (a) The Chief of Police upon entering the duties of his/her office, shall execute bond. The bond shall be in the sum of $2, (b) The bond shall run to the state, and shall be with good surety, approved by the legislative body. The bond shall be conditioned for the faithful discharge of the duties of the office and for payment of all money received to the person entitled thereto. For any unlawful arrest, or unnecessary or cruel treatment or assault in making an arrest, the principle and sureties shall be liable on his/her bond to the person injured. (c) Police officers shall not be required to make bond. Sec Oaths of Policemen Every member of the Police Department shall take an oath to faithfully perform the duties of his/her office, and that he possess the qualifications required by Sec Sec Territorial Authority to Police The Chief of Police and members of the Police Department may make arrests anywhere in the county in which the city is located. Sec Arrested Persons Where Kept: Persons arrested for any bailable offense may be placed in the station house or the Jefferson County Jail for safe keeping, until taken before the District Court for examination. Any person arrested under the age of (18) years shall be placed in the Jefferson County Youth Center. 24

25 Title V: Traffic Code Chapter 1: Definitions And Short Title Chapter 2: Violation, Enforcement, And Administration Chapter 3: Use of Streets Chapter 4: Speed Restrictions And Control Devices Chapter 5: Vehicular Equipment And Operation Chapter 6: Parking Chapter 7: Bicycles And Motorcycles Chapter 99: Penalty This page is not part of the Code of Ordinances but is inserted for convenience of reference. 25

26 Chapter 1: Definitions and Short Title Sec Definitions The following words and phrases when used in this Title V shall, and for the purpose of such Title, have the meanings respectively ascribed to them in this section. (a) Vehicle shall mean every device in, upon, or by which any person or property is or may be transported by air, water, or drawn upon a highway, except devices moved by human power. (b) Motor Vehicle shall mean every vehicle, which is self-propelled. (c) Emergency Vehicle shall mean vehicles of any police or fire department, ambulance, and other vehicles commonly known as emergency vehicles when giving adequate warning by sire, lights, or both of its emergency character or mission. (d) Bicycle shall mean every device propelled by human power upon which any person may ride, having two tandem wheels and any other device generally recognized as a bicycle though equipped with two front or two rear wheels. (e) Motorcycle shall mean every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. (f) Stop when required shall mean complete cessation of movement (g) Stop, stopping or standing when prohibited shall mean any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control sign or signal. (h) Park when prohibited shall mean the standing of a vehicle, whether occupied or not, for a period of time greater than is reasonable necessary for the actual loading or unloading of person or merchandise. (i) Driver shall mean every person who drives or is n actual physical control of a vehicle. (j) Street or highway shall mean the entire width between the boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel. (k) Roadway shall mean that portion of a street or highway improved, designed, or ordinarily used for vehicular travel including any drainage ditches. (l) Intersection shall mean the area embraced within the prolongation of the property lines of two or more streets, which join at an angle whether or not such streets cross. (m) Official traffic control device shall mean all signs, signals, markings, and devices not inconsistent with this Title placed or erected by authority of the state or the County or the Legislative Body for the purpose of regulating, warning, or guiding traffic. 26

27 (n) Traffic control signal shall mean any device, whether manually, electrically, or mechanically operated, (o) Crosswalk shall mean (1) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalk on opposite sides of the street measured from the curbs, or in the absence of curbs from the edges of the traversable roadway; or (2) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (p) Public Area shall mean all areas, which are owned by the city or have been dedicated to the public. Sec Short Title: This Title III may be known and cited as the Traffic Code. Chapter 2: Violation, Enforcement, and Administration: Sec Application of Traffic Code to Animals or Bicycles: Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon any street, shall be subject to the provisions of this Traffic Code applicable to the driver of a vehicle, except those provisions which can have no application to one riding a bicycle or driving or riding an animal; provided that, except where prohibited elsewhere by this title, bicycles may be ridden on sidewalks. Sec Exemptions; Emergency Vehicles: The provisions of this Traffic Code regulating the movement or parking of vehicles shall not apply to emergency vehicles while the driver thereof is engaged in the performance of emergency duties. Nor shall such provisions apply to persons actually engaged in repairing or otherwise improving the streets under authority of the Legislative Body or the State or the County of Jefferson. The foregoing exemption shall not, however, protect the driver or any such vehicle from the consequences of his reckless disregard of the safety of others. 27

28 Sec Traffic Duties of Chief of Police and Police: (a) It shall be the duty of the Chief of Police and all policemen to enforce the provisions of this Traffic Code and all the state vehicle laws applicable to street traffic in the city. (b) The Chief of Police and policemen are hereby authorized to direct all traffic in accordance with the provisions of this Traffic Code and applicable state laws, or in emergencies as public safety or convenience may require, and it shall be unlawful for any person to fail or refuse to comply with any lawful order, signal, or direction of the Chief of Police or policemen. Except in case of emergency, it shall be unlawful for any person other than the Chief of Police or policemen to direct or attempt to direct traffic. Sec Issuing Summons in Lieu of Arrest: The Chief of Police an any policemen may issue a summons instead of making an arrest for any violation of this Traffic Code or state traffic law where the offense is committed in his/her presence, and there are reasonable grounds to believe that the person named therein will appear to answer the charge. The arresting officer shall take the name, addresses, and operator s license number of the alleged violator and such other information required by the summons forms provided by the Kentucky State Police. The summons shall provide that the defendant shall appear to answer the charge against him at a place and time designated therein. Sec Failure to Obey Summons: If the person named in such summons fails to appear in response to the summons, the District Court procedure shall be initiated. Sec Waiver of Hearing: (a) Any person who is in receipt of any summons to appear in answer to a charge of a violation of this Traffic Code or any state law may, except as otherwise provided herein and within the time specified in the summons to appear before the District Court in answer to the charge, by paying the prescribed fine, waiving a hearing in court and giving the power of attorney by the District Court Clerk to make such plea and pay such fine in court. Acceptance of such fine and plea and power of attorney by the District Court shall be deemed complete satisfaction for the violation, and the violator, if he so requests, shall be given a receipt which so states. (b) This section shall not be applicable to any person charged with operation of any vehicle at any speed in excess of 50 m.p.h. within the City or for any other summons specifying that the accused must appear in District Court rather than pay a fine and waive a court hearing. 28

29 (c) Any person who has been found guilty of three or more violations of the provisions of this Traffic Code during any one year from January 1 st to December 1 st. Sec Notice of Illegally Parked Vehicle: Whenever any vehicle with or without a driver is found parked or stopped in violation of any provisions of this Traffic Code and within the city limits of Audubon Park, the officer finding such vehicle shall take its registration number and may take other information available which may identify its user, and shall affix conspicuously to such vehicle a parking citation in writing on a form provided by the Audubon Park Police Department, for the owner of said vehicle to be given notification of the violation. Sec Failure to Comply with Parking Citation Attached to Parked Vehicle: If a violator of the restriction on stopping, standing, or parking under this Traffic Code does not pay the minimum fines listed on the parking citation within seven (7) days from the issuance date, the discount amount of $10.00 will not be removed from the minimum fine. If payment is not received within (28) days from the issuance date, the City Clerk shall send to the owner of the vehicle to which the parking citation was affixed, a certified letter informing the owner of the violation and warning that if in the event such letter is disregarded for a period of (10) days, a criminal complaint can be filed with the Jefferson County District Court. Sec Presumption in Reference to Illegal Parking: When the procedure described in Sec or have been followed in any prosecution charging a violation of any provision of this Traffic Code on parking of a vehicle, proof that the particular vehicle described in the parking citation or complaint was parked in violation of any such provision or law, together with proof that the person named in the parking citation or complaint was at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. Sec Authority to Impound Vehicles: (a) The Chief of Police and policemen are hereby authorized to cause a vehicle to be removed from the street or highway to the nearest place of safety or to a garage maintained by or under contract to the city under the following circumstances: (i) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle 29

30 are by reason of physical injury incapacitated to such extent as to be unable to provide for its custody or removal, or; (ii) (iii) When any vehicle is left unattended upon a roadway or is so parked illegally as to constitute a hazard or obstruction to the normal movement of traffic; or When any vehicle is left unattended upon a roadway for a longer period than three days under circumstance indicating abandonment. (b) Whenever a vehicle is removed from the street or highway as authorized by this section, and the officer knows or is able to ascertain from the registration records of the vehicle, the name an d address of the owner thereof, such officer shall as soon as possible give or cause to be given notice to such owner of the fact of such removal and the reasons thereof and of the place to which such vehicle has been removed. (c) A towing and storing charge equal to any charges incurred by the City in effecting such removal shall be made by the city for each such motor vehicle removed from a street or highway, which charge shall be paid by the owner of such vehicle before same shall be released. (d) The city shall charge ten ($10.00) as a handling charge on all passenger cars and commercial vehicles not exceeding one and one-half tons of gross weight. For commercial vehicles exceeding one and one-half tons of gross weight, an additional handling charge equal to ten ($10.00) for each additional two (2) tons of gross weight; or fraction thereof, shall be charged, not to exceed a total of fifty ($50.00). All such handling charges shall be paid by the owner of any such vehicle before same shall be released. Chapter 3: Use of Streets Sec Tampering With Vehicles: It shall be unlawful for any person except the Chief of Police, policemen, or city employees, or an employee of the owner, while in the performance of his duties, to move any vehicle not his own, or tamper with such vehicle in any manner whatsoever. Sec Display of Parked Vehicle For Sale: It shall be unlawful to park a vehicle displayed for sale or a vehicle on which demonstrations are being made on any street or in the front yard of any residence in the City. 30

31 Sec Use of Roadways: It shall be unlawful for any person to use any part of any street for the storage, repair, cleaning, adjustment of equipment of vehicles and off accessories thereof. Sec Injury to Street by Vehicles; Chains: It shall be unlawful to operate any vehicle on any street in such condition, so constructed or so loaded, as to do injury to the surface of the street. (a) It shall be unlawful to operate on any street any freight carrying motor vehicle which is not equipped with tires of rubber or other material of equal resiliency, or which has tires so worn that the thickness thereof is less than one-half inch, or so damaged as to cause pounding on the pavement. (b) When chains are used on any rubber-tired vehicle, the cross chains shall not be more that three-quarters inch in thickness or diameter, and shall be spaced not more than then inches apart around the circumference of the tires. No freight carrying vehicle, equipped with any anti-skid device so constructed that any rigid part of same comes in contact with the pavement shall be operated on any street. Sec Debris on Roadway; Removal: (a) It shall be unlawful to remove any wrecked vehicle without removing broken glass or debris from the roadway. (b) It shall be unlawful for any person to leave, throw, or deposit upon any street any glass bottles, glass, nails, tacks, hoods, wires, cans, or any other substance likely to injure any person, animal, or vehicle. Sec Skating and Coasting: Except on streets which may be declared from time to time as play streets by the Legislative Body and protected by barriers or official signs, it shall be unlawful for any person upon skates or riding on a coaster sled, skate board, or toy vehicle of any kind, to go on any roadway except at a crosswalk. Sec Jogging and Hiking: All joggers and hikers, when using roadways, shall use the left side of the roadway facing traffic and, when using the roadways between dusk and dawn, shall also wear reflective clothing and carry a visible light unless participating in a permit allowed event. 31

32 Sec Clinging to Vehicles: (a) No person, while riding on a bicycle, motorcycle, coaster sled, skate board, roller skates, or any toy vehicle, shall fasten or attach same or shall cling to any moving vehicle on any street. (b) No person shall ride on the, projections of, or on the running board or fenders of any vehicle. Sec Prohibition of Truck Traffic: It shall be unlawful for any person to operate or cause to be operated any truck or trailer (other than emergency vehicles and buses) upon the roadways of the city except in the course of performing services for, delivering to, or picking up property for the city or its residents, or in operating such truck or trailer owned by a resident of the city to and from his place of residence. Chapter 4: Speed Restrictions and Control Devices: Sec Speed Restrictions: (a) No person shall drive a vehicle upon any roadway within the city at a speed greater than is reasonable and prudent having regard for the traffic and for the condition and use of such roadway or so as to endanger the life or limb or injure the property of any person. (b) It is hereby determined on the basis of an engineering and traffic investigation that the speed permitted by KRS (2) on highways in business and residential districts is greater than is reasonable and safe under conditions found to exist in the city. Where no condition exists that requires lower speed for compliance with subsection (a) of this section, it shall be unlawful for any person to drive a vehicle at a speed in excess of the limits specified in this Traffic Code where signs are in place giving notice thereof. The speed of all vehicles in the city shall not exceed 25 miles per hours. Sec Powers of Legislative Body; Designation of Traffic Control Devices and Signals: The Legislative Body may by ordinance or resolution at any regular or special meeting designate and determine parking and loading zones for passenger and freight vehicles; establish traffic lanes, safety zones and quiet zones; determine and fix angle of and time limit for parking upon streets and parts thereof; adopt rules prohibiting or allowing double parking; determine and designate one-way streets, no parking areas, and limited parking areas; place and maintain traffic control devices and signals where it may deem necessary to regulate traffic; determine an designate those intersections at which vehicles shall not make right or left or U turns; make rules governing pedestrian crossing of streets and street intersections; 32

33 and make any other rules and regulation as it may deem necessary to regulate traffic and the use of or temporary closing of streets. Such ordinances, resolutions, rules, and regulations adopted from time to time by the Legislative Body shall be spread at large upon the minutes of the Legislative Body and published as required by law, and shall be open to public inspection at all times, and shall be the laws of the city governing such traffic regulations. Any person who violates any of the provisions thereof shall be subject to punishment as hereinafter provided. Sec Placement of Official Traffic Control Devices: The Legislative Body shall by resolution cause official traffic control devices to be erected and maintained to indicate to the public traffic regulations on the streets in the city. Sec Obedience to Signs and Signals Required: It shall be unlawful for the driver of any vehicle to disobey the signal of any official traffic control device placed in accordance with this Traffic Code or the laws of the state. All devices so established shall conform to state or other applicable standards for traffic devices. Sec Unauthorized Devices: No person shall place, maintain or display any device other than official traffic control devices authorized by this Traffic Code, statute or other ordinance, upon or in view of any street if such device purports to be or is in imitation of an official traffic control device, or directs or purports to direct the movement of traffic. Any such unauthorized device is hereby declared to be a nuisance and may be removed by the Chief of Police or any police officer. Sec Interference with Devices: No person shall, without authority, attempt to or in fact alter, deface, injure, knock down, remove, or conceal any official traffic control device or any inscription, shield, or insignia thereon or any part thereof. Sec Defective Devices: No provision of this Traffic Code for which signs are required shall be enforceable against an alleged violator if, at the time and place of the alleged violation, the sign herein required is not in proper position and sufficiently legible to be seen by an ordinarily observant person; however, when any particular section of this Traffic Code does not state that signs are required, such section shall be effective without signs being placed to give notice thereof. 33

34 Chapter 5: Vehicular Equipment and Operation Sec Equipment of Vehicle Not To Be Nuisance or Menace: Every vehicle when operated on a roadway within the city shall be so equipped as to make a minimum of noise, smoke, or other nuisance to protect the rights of other traffic, and to protect the public safety. Sec Unsafe Motor Vehicle Not to Be Operated: No person shall drive or move any motor vehicle on the streets within the city, unless the vehicle and the equipment thereof are in such safe mechanical condition as not to endanger the driver or other occupants or any person upon the highway. Sec Muffler Required: Every motor vehicle with an internal combustion, steam, or air motor shall be equipped with a suitable and efficient muffler, and no such vehicle shall be operated on any street of the city with the muffler cut out or removed. No cut out shall be so arranged or connected as to permit the operation or control thereof by the driver of any automobile while in a position for driving. Sec Front Lights: (a) Every motor vehicle other than a motorcycle or motor driven cycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the motor vehicle. (b) Every motorcycle and every motor driven cycle shall be equipped with at least one (1) and not more than two (2) headlamps. (c) The head lamps or the auxiliary driving lamps or the auxiliary passing lamps or combinations thereof on motor vehicles other than a motorcycle or motor driven cycle shall be so arranged that the driver may control the selection between distribution of light projected to different elevations. (d) Lights, when required on a vehicle, shall be illuminated during the period from one-half hour before sunset to one-half hour after sunrise, and at such other times as atmospheric conditions render visibility as low as or lower than is ordinarily the case during that period. Provisions as to distances that lights must be visible refer to visibility under ordinary atmospheric conditions. (e) Whenever a motor vehicle is being operated on the roadway or shoulder adjacent thereto within the city during the time specified in subsection (d) of this section, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle. 34

35 Sec Horns and Other Sound Devices: Every motor vehicle, when operated on a highway within the city, shall be equipped with a horn or other device capable of making an abrupt sound sufficiently loud to be heard under all ordinary traffic conditions. Every person operating a motor vehicle or bicycle shall sound the horn or sound device whenever necessary for a warning of the approach of such vehicle to pedestrians, or other vehicles, but shall not sound the horn or sound device unnecessarily. Sec Brakes: (a) No person shall knowingly operate or permit to operate on a roadway within the city a motor vehicle upon which brakes are defective. (b) Every motor vehicle when operated upon a roadway within the city shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle. (c) No person shall operate any motor vehicle upon a roadway within the city unless it is equipped with a mechanical signal device which indicate an intention to stop or suddenly decrease speed by illuminating at least one (1) red light on the rear of the vehicle. Sec Reckless Driving: (a) No vehicle shall be operated, propelled, or driven in the city so as to unreasonably disturb the peace and quiet of the residences thereof by making any unnecessary noise, or in a reckless manner, or at a speed, or in a manner so as to endanger or to be likely to endanger the life, limb, or property of another person. (b) Any person who drives any vehicle in such a manner is guilty of reckless driving. (c) Nothing contained herein or omitted from this Traffic Code shall be construed or held to relieve any person using, traveling on, or being upon any roadway within the city for any purpose whatsoever, from exercising all reasonable care to avoid or prevent injury to other persons or property. Sec Motor Vehicle Races on Roadway Prohibited: No person shall engage upon any street or roadway within the city in motor vehicle racing, drag racing, or any other form of competition involving motor vehicles. 35